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<center><h1>Matthew Henry's Complete Commentary
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on the Whole Bible</h1></center>
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[<A HREF="MHC00000.HTM">Table of Contents</A>]<BR>
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[<A HREF="MHC02020.HTM">Previous</A>]
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<TD ALIGN="RIGHT" VALIGN="TOP">
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Matthew Henry<BR><I>Commentary on the Whole Bible</I> (1706)
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</TD></TR></TABLE>
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<!-- (Begin Body) -->
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<CENTER>
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<BR><FONT SIZE=+3><B>E X O D U S</B></FONT>
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<BR>
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<BR><FONT SIZE=+2>CHAP. XXI.</FONT>
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<HR SIZE=1 WIDTH=50>
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</CENTER>
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<FONT SIZE=-1>
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<P>
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The laws recorded in this chapter relate to the fifth and sixth
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commandments; and though they are not accommodated to our constitution,
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especially in point of servitude, nor are the penalties annexed binding
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on us, yet they are of great use for the explanation of the moral law,
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and the rules of natural justice. Here are several enlargements,
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I. Upon the fifth commandment, which concerns particular relations.
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1. The duty of masters towards their servants, their men-servants
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:2-6">ver. 2-6</A>),
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and the maidservants,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:7-11">ver. 7-11</A>.
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2. The punishment of disobedient children that strike their parents
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:15">ver. 15</A>),
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or curse them,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:17">ver. 17</A>.
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II. Upon the sixth commandment, which forbids all violence offered to
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the person of a man. Here is,
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1. Concerning murder,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:12-14">ver. 12-14</A>.
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2. Man-stealing,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:16">ver. 16</A>.
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3. Assault and battery,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:18,19">ver. 18, 19</A>.
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4. Correcting a servant,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:20,21">ver. 20, 21</A>.
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5. Hurting a woman with child,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:22,23">ver. 22, 23</A>.
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6. The law of retaliation,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:24,25">ver. 24, 25</A>.
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7. Maiming a servant,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:26">ver. 26, 27</A>.
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8. An ox goring,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:28-32">ver. 28-32</A>.
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9. Damage by opening a pit,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:33,34">ver. 33, 34</A>.
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10. Cattle fighting,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:35,36">ver. 35, 36</A>.</P>
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</FONT>
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<A NAME="Ex21_1"> </A>
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<A NAME="Ex21_2"> </A>
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<A NAME="Ex21_3"> </A>
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<A NAME="Ex21_4"> </A>
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<A NAME="Ex21_5"> </A>
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<A NAME="Ex21_6"> </A>
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<A NAME="Ex21_7"> </A>
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<A NAME="Ex21_8"> </A>
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<A NAME="Ex21_9"> </A>
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<A NAME="Ex21_10"> </A>
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<A NAME="Ex21_11"> </A>
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<A NAME="Sec1"> </A>
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<TABLE WIDTH="100%" BORDER=0>
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<TR><TD><FONT SIZE=+1><I>Judicial Laws.</I></FONT></TD>
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<TD ALIGN=RIGHT><FONT SIZE=-1>B. C.</FONT> 1491.</TD></TR>
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<TR><TD COLSPAN=2><HR SIZE=1></TD></TR>
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</TABLE>
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<P>
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<FONT SIZE=+1>1 Now these <I>are</I> the judgments which thou shalt set before
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them.
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2 If thou buy an Hebrew servant, six years he shall serve: and
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in the seventh he shall go out free for nothing.
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3 If he came in by himself, he shall go out by himself: if he
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were married, then his wife shall go out with him.
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4 If his master have given him a wife, and she have born him
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sons or daughters; the wife and her children shall be her
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master's, and he shall go out by himself.
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5 And if the servant shall plainly say, I love my master, my
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wife, and my children; I will not go out free:
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6 Then his master shall bring him unto the judges; he shall
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also bring him to the door, or unto the door post; and his master
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shall bore his ear through with an awl; and he shall serve him
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for ever.
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7 And if a man sell his daughter to be a maidservant, she shall
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not go out as the menservants do.
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8 If she please not her master, who hath betrothed her to
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himself, then shall he let her be redeemed: to sell her unto a
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strange nation he shall have no power, seeing he hath dealt
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deceitfully with her.
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9 And if he have betrothed her unto his son, he shall deal with
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her after the manner of daughters.
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10 If he take him another <I>wife;</I> her food, her raiment, and
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her duty of marriage, shall he not diminish.
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11 And if he do not these three unto her, then shall she go out
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free without money.
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</FONT></P>
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<P>
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The
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:1">first verse</A>
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is the general title of the laws contained in this and the two
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following chapters, some of them relating to the religious worship of
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God, but most of them relating to matters between man and man. Their
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government being purely a Theocracy, that which in other states is to
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be settled by human prudence was directed among them by a divine
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appointment, so that the constitution of their government was
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peculiarly adapted to make them happy. These laws are called
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<I>judgments,</I> because they are framed in infinite wisdom and
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equity, and because their magistrates were to give judgment according
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to the people. In the doubtful cases that had hitherto occurred, Moses
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had particularly enquired of God for them, as appeared,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+18:15"><I>ch.</I> xviii. 15</A>;
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but now God gave him statutes in general by which to determine
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particular cases, which likewise he must apply to other like cases that
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might happen, which, falling under the same reason, fell under the same
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rule. He begins with the laws concerning servants, commanding mercy
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and moderation towards them. The Israelites had lately been servants
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themselves; and now that they had become, not only their own masters,
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but masters of servants too, lest they should abuse their servants, as
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they themselves had been abused and ruled with rigour by the Egyptian
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task-masters, provision was made by these laws for the mild and gentle
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usage of servants. Note, If those who have had power over us have been
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injurious to us this will not in the least excuse us if we be in like
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manner injurious to those who are under our power, but will rather
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aggravate our crime, because, in that case, we may the more easily put
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our souls into their soul's stead. Here is,</P>
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<P>
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I. A law concerning men-servants, sold, either by themselves or their
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parents, through poverty, or by the judges, for their crimes; even
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those of the latter sort (if Hebrews) were to continue in slavery but
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seven years at the most, in which time it was taken for granted that
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they would sufficiently have smarted for their folly or offence. At the
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seven years' end the servant should either go out free
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:2,3"><I>v.</I> 2, 3</A>),
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or his servitude should thenceforward be his choice,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:5,6"><I>v.</I> 5, 6</A>.
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If he had a wife given him by his master, and children, he might either
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leave them and go out free himself, or, if he had such a kindness for
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them that he would rather tarry with them in bondage than go out at
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liberty without them, he was to have his ear bored through to the
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doorpost and serve till the death of his master, or the year of
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jubilee.</P>
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<P>
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1. By this law God taught,
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(1.) The Hebrew servants generosity, and a noble love of liberty, for
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they were the Lord's freemen; a mark of disgrace must be put upon him
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who refused liberty when he might have it, though he refused it upon
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considerations otherwise laudable enough. Thus Christians, being
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<I>bought with a price, and called unto liberty,</I> must not be the
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servants of men, nor of the lusts of men,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=1Co+7:23">1 Cor. vii. 23</A>.
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There is a free and princely spirit that much helps to uphold a
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Christian,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ps+51:12">Ps. li. 12</A>.
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He likewise taught,
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(2.) The Hebrew masters not to trample upon their poor servants,
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knowing, not only that they had been by birth upon a level with them,
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but that, in a few years, they would be so again. Thus Christian
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masters must look with respect on believing servants,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Philemon+1:16">Philem. 16</A>.</P>
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<P>
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2. This law will be further useful to us,
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(1.) To illustrate the right God has to the children of believing
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parents, as such, and the place they have in his church. They are by
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baptism enrolled among his servants, because they are <I>born in his
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house,</I> for they are therefore <I>born unto him,</I>
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Eze+16:20">Ezek. xvi. 20</A>.
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David owns himself God's servant, as he was <I>the son of his
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handmaid</I>
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ps+116:16">Ps. cxvi. 16</A>),
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and therefore entitled to protection,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ps+86:16">Ps. lxxxvi. 16</A>.
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(2.) To explain the obligation which the great Redeemer laid upon
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himself to prosecute the work of our salvation, for he says
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ps+40:6">Ps. xl. 6</A>),
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<I>My ears hast thou opened,</I> which seems to allude to this law. He
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loved his Father, and his captive spouse, and the children that were
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given him, and would not go out free from his undertaking, but engaged
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to serve in it for ever,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Isa+42:1,4">Isa. xlii. 1, 4</A>.
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Much more reason have we thus to engage ourselves to serve God for
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ever; we have all the reason in the world to love our Master and his
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work, and to have our ears bored to his door-posts, as those who desire
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not to go out free from his service, but to be found more and more free
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to it, and in it,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ps+84:10">Ps. lxxxiv. 10</A>.</P>
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<P>
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Concerning maid-servants, whom their parents, through extreme poverty,
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had sold, when they were very young, to such as they hoped would marry
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them when they grew up; if they did not, yet they must not sell them to
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strangers, but rather study how to make them amends for the
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disappointment; if they did, they must maintain them handsomely,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:7-11"><I>v.</I> 7-11</A>.
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Thus did God provide for the comfort and reputation of the daughters of
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Israel, and has taught husbands to <I>give honour to their wives</I>
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(be their extraction ever so mean) as to the <I>weaker vessels,</I>
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=1Pe+3:7">1 Pet. iii. 7</A>.</P>
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<A NAME="Ex21_12"> </A>
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<A NAME="Ex21_13"> </A>
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<A NAME="Ex21_14"> </A>
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<A NAME="Ex21_15"> </A>
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<A NAME="Ex21_16"> </A>
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<A NAME="Ex21_17"> </A>
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<A NAME="Ex21_18"> </A>
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<A NAME="Ex21_19"> </A>
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<A NAME="Ex21_20"> </A>
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<A NAME="Ex21_21"> </A>
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<P>
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<FONT SIZE=+1>12 He that smiteth a man, so that he die, shall be surely put
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to death.
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13 And if a man lie not in wait, but God deliver <I>him</I> into his
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hand; then I will appoint thee a place whither he shall flee.
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14 But if a man come presumptuously upon his neighbour, to slay
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him with guile; thou shalt take him from mine altar, that he may
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die.
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15 And he that smiteth his father, or his mother, shall be
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surely put to death.
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16 And he that stealeth a man, and selleth him, or if he be
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found in his hand, he shall surely be put to death.
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17 And he that curseth his father, or his mother, shall surely
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be put to death.
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18 And if men strive together, and one smite another with a
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stone, or with <I>his</I> fist, and he die not, but keepeth <I>his</I> bed:
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19 If he rise again, and walk abroad upon his staff, then shall
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he that smote <I>him</I> be quit: only he shall pay <I>for</I> the loss of
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his time, and shall cause <I>him</I> to be thoroughly healed.
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20 And if a man smite his servant, or his maid, with a rod, and
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he die under his hand; he shall be surely punished.
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21 Notwithstanding, if he continue a day or two, he shall not
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be punished: for he <I>is</I> his money.
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</FONT></P>
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<P>
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Here is,
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I. A law concerning murder. He had lately said, <I>Thou shalt not
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kill;</I> here he provides,
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1. For the punishing of wilful murder
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:12"><I>v.</I> 12</A>):
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<I>He that smiteth a man,</I> whether upon a sudden passion or in
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malice prepense, <I>so that he die,</I> the government must take care
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that the murderer be <I>put to death,</I> according to that ancient law
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ge+9:6">Gen. ix. 6</A>),
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<I>Whoso sheddeth man's blood, by man shall his blood be shed.</I> God,
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who by his providence gives and maintains life, thus by his law
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protects it; so that mercy shown to a wilful murderer is real cruelty
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to all mankind besides: such a one, God here says, shall be taken even
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<I>from his altar</I>
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:14"><I>v.</I> 14</A>),
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to which he might flee for protection; and, if God will not shelter
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him, let him <I>flee to the pit, and let no man stay him.</I>
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2. For the relief of such as killed by accident, <I>per infortunium--by
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misfortune,</I> or <I>chance-medley,</I> as our law expresses it, when
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a man, in doing a lawful act, without intent of hurt to any, happens to
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kill another, or, as it is here described, <I>God delivers him into his
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hand;</I> for nothing comes to pass by chance; what seems to us purely
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casual is ordered by the divine Providence, for wise and holy ends
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secret to us. In this case God provided cities of refuge for the
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protection of those whose infelicity it was, but not their fault, to
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occasion the death of another,
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<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:13"><I>v.</I> 13</A>.
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With us, who know no avengers of blood but the magistrates, the law
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itself is a sufficient sanctuary for those whose minds are innocent,
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though their hands are guilty, and there needs no other.</P>
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<P>
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II. Concerning rebellious children. It is here made a capital crime, to
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be punished with death, for children either,
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1. To strike their parents
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:15"><I>v.</I> 15</A>)
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so as either to draw blood or to make the place struck black and blue.
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Or,
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2. To curse their parents
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:17"><I>v.</I> 17</A>),
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if they profaned any name of God in doing it, as the rabbies say. Note,
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The undutiful behaviour of children towards their parents is a very
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great provocation to God our common Father; and, if men do not punish
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it, he will. Those are perfectly lost to all virtue, and abandoned to
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all wickedness, that have broken through the bonds of filial reverence
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and duty to such a degree as in word or action to abuse their own
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parents. What yoke will those bear that have shaken off this? Let
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children take heed of entertaining in their minds any such thought or
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passions towards their parents as savour of undutifulness and contempt;
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for the righteous God searches the heart.</P>
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<P>
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III. Here is a law against man-stealing
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:16"><I>v.</I> 16</A>):
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<I>He that steals a man</I> (that is, a person, man, woman, or child),
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with design to sell him to the Gentiles (for no Israelite would buy
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him), was adjudged to death by this statute, which is ratified by the
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apostle
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(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=1Ti+1:10">1 Tim. i. 10</A>),
|
|
|
|
where <I>men-stealers</I> are reckoned among those wicked ones against
|
|
whom laws must be made by Christian princes.</P>
|
|
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|
<P>
|
|
|
|
IV. Care is here taken that satisfaction be made for hurt done to a
|
|
person, though death do not ensue,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:18,19"><I>v.</I> 18, 19</A>.
|
|
|
|
He that did the hurt must be accountable for damages, and pay, not only
|
|
for the cure, but for the loss of time, to which the Jews add that he
|
|
must likewise give some recompence both for the pain and for the
|
|
blemish, if there were any.</P>
|
|
|
|
<P>
|
|
|
|
V. Direction is given what should be done if a servant died by his
|
|
master's correction. This servant must not be an Israelite, but a
|
|
Gentile slave, as the negroes to our planters; and it is supposed that
|
|
he smite him with a rod, and not with any thing that was likely to give
|
|
a mortal wound; yet, if he died under his hand, he should be punished
|
|
for his cruelty, at the discretion of the judges, upon consideration of
|
|
circumstances,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:20"><I>v.</I> 20</A>.
|
|
|
|
But, if he continued a day or two after the correction given, the
|
|
master was supposed to suffer enough by losing his servant,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:21"><I>v.</I> 21</A>.
|
|
|
|
Our law makes the death of a servant, by his master's reasonable
|
|
beating of him, but <I>chance-medley.</I> Yet let all masters take heed
|
|
of tyrannizing over their servants; the gospel teaches them even to
|
|
forbear and moderate threatenings
|
|
|
|
(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Eph+6:9">Eph. vi. 9</A>),
|
|
|
|
considering with holy Job, <I>What shall I do, when God riseth up?</I>
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Job+31:13-15">Job xxxi. 13-15</A>.</P>
|
|
|
|
<A NAME="Ex21_22"> </A>
|
|
<A NAME="Ex21_23"> </A>
|
|
<A NAME="Ex21_24"> </A>
|
|
<A NAME="Ex21_25"> </A>
|
|
<A NAME="Ex21_26"> </A>
|
|
<A NAME="Ex21_27"> </A>
|
|
<A NAME="Ex21_28"> </A>
|
|
<A NAME="Ex21_29"> </A>
|
|
<A NAME="Ex21_30"> </A>
|
|
<A NAME="Ex21_31"> </A>
|
|
<A NAME="Ex21_32"> </A>
|
|
<A NAME="Ex21_33"> </A>
|
|
<A NAME="Ex21_34"> </A>
|
|
<A NAME="Ex21_35"> </A>
|
|
<A NAME="Ex21_36"> </A>
|
|
|
|
<P>
|
|
<FONT SIZE=+1>22 If men strive, and hurt a woman with child, so that her
|
|
fruit depart <I>from her,</I> and yet no mischief follow: he shall be
|
|
surely punished, according as the woman's husband will lay upon
|
|
him; and he shall pay as the judges <I>determine.</I>
|
|
23 And if <I>any</I> mischief follow, then thou shalt give life for
|
|
life,
|
|
24 Eye for eye, tooth for tooth, hand for hand, foot for foot,
|
|
25 Burning for burning, wound for wound, stripe for stripe.
|
|
26 And if a man smite the eye of his servant, or the eye of his
|
|
maid, that it perish; he shall let him go free for his eye's
|
|
sake.
|
|
27 And if he smite out his manservant's tooth, or his
|
|
maidservant's tooth; he shall let him go free for his tooth's
|
|
sake.
|
|
28 If an ox gore a man or a woman, that they die: then the ox
|
|
shall be surely stoned, and his flesh shall not be eaten; but the
|
|
owner of the ox <I>shall be</I> quit.
|
|
29 But if the ox were wont to push with his horn in time past,
|
|
and it hath been testified to his owner, and he hath not kept him
|
|
in, but that he hath killed a man or a woman; the ox shall be
|
|
stoned, and his owner also shall be put to death.
|
|
30 If there be laid on him a sum of money, then he shall give
|
|
for the ransom of his life whatsoever is laid upon him.
|
|
31 Whether he have gored a son, or have gored a daughter,
|
|
according to this judgment shall it be done unto him.
|
|
32 If the ox shall push a manservant or a maidservant; he shall
|
|
give unto their master thirty shekels of silver, and the ox shall
|
|
be stoned.
|
|
33 And if a man shall open a pit, or if a man shall dig a pit,
|
|
and not cover it, and an ox or an ass fall therein;
|
|
34 The owner of the pit shall make <I>it</I> good, <I>and</I> give money
|
|
unto the owner of them; and the dead <I>beast</I> shall be his.
|
|
35 And if one man's ox hurt another's, that he die; then they
|
|
shall sell the live ox, and divide the money of it; and the dead
|
|
<I>ox</I> also they shall divide.
|
|
36 Or if it be known that the ox hath used to push in time
|
|
past, and his owner hath not kept him in; he shall surely pay ox
|
|
for ox; and the dead shall be his own.
|
|
</FONT></P>
|
|
|
|
<P>
|
|
|
|
Observe here,</P>
|
|
|
|
<P>
|
|
|
|
I. The particular care which the law took of women with child, that no
|
|
hurt should be done them which might occasion their mis-carrying. The
|
|
law of nature obliges us to be very tender in that case, lest the tree
|
|
and fruit be destroyed together,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:22,23"><I>v.</I> 22, 23</A>.
|
|
|
|
Women with child, who are thus taken under the special protection of
|
|
the law of God, if they live in his fear, may still believe themselves
|
|
under the special protection of the providence of God, and hope that
|
|
they shall be saved in child-bearing. On this occasion comes in that
|
|
general law of retaliation which our Saviour refers to,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Mt+5:38">Matt. v. 38</A>,
|
|
|
|
<I>An eye for an eye.</I> Now,
|
|
|
|
1. The execution of this law is not hereby put into the hands of
|
|
private persons, as if every man might avenge himself, which would
|
|
introduce universal confusion, and make men like the fishes of the sea.
|
|
The tradition of the elders seems to have put this corrupt gloss upon
|
|
it, in opposition to which our Saviour commands us to forgive injuries,
|
|
and not to meditate revenge,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Mt+5:39">Matt. v. 39</A>.
|
|
|
|
2. God often executes it in the course of his providence, making the
|
|
punishment, in many cases, to answer to the sin, as
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Jdg+1:7,Isa+33:1,Hab+2:13,Mt+26:52">Judg. i. 7;
|
|
Isa. xxxiii. 1; Hab. ii. 13; Matt. xxvi. 52</A>.
|
|
|
|
3. Magistrates ought to have an eye to this rule in punishing
|
|
offenders, and doing right to those that are injured. Consideration
|
|
must be had of the nature, quality, and degree of the wrong done, that
|
|
reparation may be made to the party injured, and others deterred from
|
|
doing the like; either <I>an eye</I> shall go <I>for an eye,</I> or the
|
|
forfeited eye shall be redeemed by a sum of money. Note, He that does
|
|
wrong must expect one way or other to receive <I>according to the wrong
|
|
he has done,</I>
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Col+3:25">Col. iii. 25</A>.
|
|
|
|
God sometimes brings men's violent dealings upon their own heads
|
|
|
|
(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ps+7:16">Ps. vii. 16</A>);
|
|
|
|
and magistrates are in this the ministers of the justice, that they are
|
|
<I>avengers</I>
|
|
|
|
(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ro+13:4">Rom. xiii. 4</A>),
|
|
|
|
and they shall not bear the sword in vain.</P>
|
|
|
|
<P>
|
|
|
|
II. The care God took of servants. If their masters maimed them, though
|
|
it was only striking out a tooth, that should be their discharge,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:26,27"><I>v.</I> 26, 27</A>.
|
|
|
|
This was intended,
|
|
|
|
1. To prevent their being abused; masters would be careful not to offer
|
|
them any violence, lest they should lose their service.
|
|
|
|
2. To comfort them if they were abused; the loss of a limb should be
|
|
the gaining of their liberty, which would do something towards
|
|
balancing both the pain and disgrace they underwent. Nay,</P>
|
|
|
|
<P>
|
|
|
|
III. <I>Does God take care for oxen?</I> Yes, it appears by the
|
|
following laws in this chapter that he does, <I>for our sakes,</I>
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=1Co+9:9,10">1 Cor. ix. 9, 10</A>.
|
|
|
|
The Israelites are here directed what to do,</P>
|
|
|
|
<P>
|
|
|
|
1. In case of hurt done by oxen, or any other brute-creature; for the
|
|
law, doubtless, was designed to extend to all parallel cases.
|
|
|
|
(1.) As an instance of God's care of the life of man (though forfeited
|
|
a thousand times into the hands of divine justice), and in token of his
|
|
detestation of the sin of murder. If an ox killed any man, woman, or
|
|
child, the ox was to be <I>stoned</I>
|
|
|
|
(<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:28"><I>v.</I> 28</A>);
|
|
|
|
and, because the greatest honour of the inferior creatures is to be
|
|
serviceable to man, the criminal is denied that honour: his <I>flesh
|
|
shall not be eaten.</I> Thus God would keep up in the minds of his
|
|
people a rooted abhorrence of the sin of murder and every thing that
|
|
was barbarous.
|
|
|
|
(2.) To make men careful that none of their cattle might do hurt, but
|
|
that, by all means possible, mischief might be prevented. If the owner
|
|
of the beast knew that he was mischievous, he must answer for the hurt
|
|
done, and, according as the circumstances of the case proved him to be
|
|
more or less accessory, he must either be <I>put to death</I> or ransom
|
|
his life with a sum of money,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:29-32"><I>v.</I> 29-32</A>.
|
|
|
|
Some of our ancient books make this felony, by the common law of
|
|
England, and give this reason, "The owner, by suffering his beast to go
|
|
at liberty when he knew it to be mischievous, shows that he was very
|
|
willing that hurt should be done." Note, It is not enough for us not to
|
|
do mischief ourselves, but we must take care that no mischief be done
|
|
by those whom it is in our power to restrain, whether man or beast.</P>
|
|
|
|
<P>
|
|
|
|
2. In case of hurt done to oxen, or other cattle.
|
|
|
|
(1.) If they fall into a pit, and perish there, he that opened the pit
|
|
must make good the loss,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:33,34"><I>v.</I> 33, 34</A>.
|
|
|
|
Note, We must take heed not only of doing that which will be hurtful,
|
|
but of doing that which may be so. It is not enough not to design and
|
|
devise mischief, but we must contrive to prevent mischief, else we
|
|
become accessory to our neighbours' damage. Mischief done in malice is
|
|
the great transgression; but mischief done through negligence, and for
|
|
want of due care and consideration, is not without fault, but ought to
|
|
be reflected upon with great regret, according as the degree of the
|
|
mischief is: especially we must be careful that we do nothing to make
|
|
ourselves accessory to the sins of others, by laying an occasion of
|
|
offence in our brother's way,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ro+14:13">Rom. xiv. 13</A>.
|
|
|
|
(2.) If cattle fight, and one kill another, the owners shall equally
|
|
share in the loss,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:35"><I>v.</I> 35</A>.
|
|
|
|
Only if the beast that had done the harm was known to the owner to have
|
|
been mischievous he shall answer for the damage, because he ought
|
|
either to have killed him or kept him up,
|
|
|
|
<A HREF="http://bible.gospelcom.net/bible?version=KJV&passage=Ex+21:36"><I>v.</I> 36</A>.
|
|
|
|
The determinations of these cases carry with them the evidence of their
|
|
own equity, and give such rules of justice as were then, and are still,
|
|
in use, for the decision of similar controversies that arise between
|
|
man and man. But I conjecture that these cases might be specified,
|
|
rather than others (though some of them seem minute), because they were
|
|
then cases in fact actually depending before Moses; for in the
|
|
wilderness where they lay closely encamped, and had their flocks and
|
|
herds among them, such mischiefs as these last mentioned were likely
|
|
enough to occur. That which we are taught by these laws is that we
|
|
should be very careful to do no wrong, either directly or indirectly;
|
|
and that, if we have done wrong, we must be very willing to make
|
|
satisfaction, and desirous that nobody may lose by us.</P>
|
|
|
|
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